58154

Mylene Will Company L.L.C.

September 18, 2013Judge James
Denied / Government PrevailedDiffering Site ConditionsCommercial Item

Mylene Will Company L.L.C. appealed a contracting officer's decision denying its claim for differing site conditions under Contract No. FA4809-11-M-V031. The Board denied the appeal, finding that the appellant did not prove it was damaged by the alleged differing site conditions.

Material Facts

  • Hurricane Irene damaged and uprooted trees at Seymour Johnson Air Force Base (SJAFB) on and after 25 August 2011.
  • SJAFB designated a concrete slab as the drop site for tree debris.
  • Mylene Will Company L.L.C. submitted a $17,600 total price quotation under the RFQ for debris disposal services.
  • M&W did not send a representative to the site visit prior to bidding.
  • The contract was awarded to M&W on 28 September 2011 for disposal services of 5,000 cubic yards of debris.
  • M&W encountered foreign debris during performance, including concrete and rocks, which it claimed caused equipment failure and additional costs.
  • M&W's claim for differing site conditions was denied by the contracting officer on 8 May 2012.

Parties

Appellant
Mylene Will Company L.L.C.
Contract Number
FA4809-11-M-V031
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